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Home My WebLink About3/20/2020 Item 1, Johnson Council Agenda Correspondence City of San Luis Obispo, Council Memorandum Date:March 19, 2020 TO:Mayor and Council FROM: Derek Johnson, City Manager/Emergency Services Director DJ SUBJECT:Special Meeting Item #1-DISCUSS AND PROVIDE DIRECTION ON ALL NECESSARY ACTIONS NEEDED TO PROTECTTHE HEALTH, WELFARE AND SAFETY OFTHE CITIZENS OF SAN LUIS OBISPO Attached is the draftResolutionfor City Council consideration and adoption at the March 20, 2020 Special Meeting. Staff will provide a presentation at the meeting. Attachment A –Draft Resolution RESOLUTIONNO. _____(2020SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIAAFFIRMING ACTIONS OF THE EMERGENCY SERVICES DIRECTORANDEXPRESSLY AFFIRMING ACTIONS OF THE COUNTY OF SAN LUIS OBISPO AS APPLICABLE AND ENFORCEABLEWITHIN CITY JURISDICTION WHEREAS,section 2.24.060 of the Municipal Code empowers the Emergency Services Director to request that the City Council proclaim a local emergency when the City of San Luis Obispo is affected or likely to be affected by a public calamity and the City Council proclaimed a local emergency at its regular meeting on March 17, 2020 regarding the COVID-19 pandemic; and WHEREAS, the President of the United States has declared a State of National Emergency;the Governor of the State of California has proclaimedaState of Emergencyfor the State of Californiaand issued Executive Orders and directionregardingmeasures to mitigate the spreadof cases of COVID-19 within the State of California;theSan Luis Obispo County Emergency Services Directorhas proclaimed a local emergency; and the San Luis Obispo County Public HealthDirector has declared a public health emergencyrelated the spreadof cases of COVID-19 within the State of Californiaand all recitals set forth therein, are included as though fully setforthherein; and WHEREAS,on March 16, 2020, the Governor of the State of California issued an executive order, Executive Order N-28-20, which suspends any state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive restrictions on residential or commercial evictions based on nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income or substantial out-of-pocket medical expenses caused by the COVID-19 pandemic, or any local, state, or federal government response to COVID-19 that is documented; WHEREAS,on March 18, 2020:the City of San Luis Obispo Emergency Services Director issued Proclamation No. 2 related to the closure of alcohol establishments and limitations ondine-in service for restaurants and other foodand beverageestablishments;andthe San Luis Obispo County Emergency Services Director issued Local Emergency Order and Regulation Nos. 3 and4providing forsuspension ofcommencement of evictionsrelated to COVID-19 and mandatory shelter at home regulations, respectively;and WHEREAS, the City of San Luis Obispo will be required to help enforce all restrictions imposed by the State of California and by the County of SanLuis Obispo acting as the health agency; and WHEREAS,in accordance with the Governor’s Executive Order N-28-20 and San Luis Obispo County’s Local Emergency Order and Regulation No. 3 COVID-19,there is an urgent need to issue limitations on the authority of landlords to commence evictions of tenants within the jurisdiction of the City in order to protect the health, safety and welfare citizenswithin the R ______ ResolutionNo.______(2020Series)Page 2 jurisdiction of the City in light of the proclaimed State and local emergencyandthe declared local public health emergency regarding the COVID-19 pandemic; WHEREAS, the pandemic COVID-19 continues to spreadrapidly worldwide and in the U.S.,continuing to present animmediate and significant risk to public health and safety,and resultingin serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions;and WHEREAS,heightened levels of public health and safety planning and preparedness have been necessitated in preparation for and response toconfirmed cases of COVID-19 in the County of San Luis Obispo,and rapid response notlending itself to otherwise applicable notice and approval timelines has been and will benecessary torespond to the rapidly evolving pandemicand tomitigateagainst thespread of COVID-19and its resulting public health and safety impacts; and WHEREAS,in the absence of such actions,County wide health services may become overwhelmed and unable tokeepup with medical demandfor care andavailability of hospital or carefacility capacity, NOW, THEREFORE, BE IT RESOLVEDby the City Councilof the City of San Luis Obispo that: SECTION 1.All recitals set forth above, and all recitalsincluded in support of State and County actions referenced herein,areadoptedas thoughfully setforthhereinas findings in support of this Resolution; and SECTION 2.Alocal emergency continues to exist throughout the City, and the City has beenundertaking,and will continue throughcessation of this emergencyto undertake,necessary measures and incurnecessary costs, which are directly related to the prevention of the spread of the COVID-19 Virus and are taken in furtherance of theCouncil’s Proclamationof Local Emergencyon March 17, 2020;the Governor’s Proclamation of a State of Emergency on March 4, 2020, the President of the United States’ Declaration of a National Emergency on March 13, 2020; the County Emergency Services Director’s Proclamation of Local Emergency and the County Public Health Director’s Declaration of a Public Health Emergency on March 13, 2020 and related orders and directions. SECTION 3.During the existence of said local emergency, the powers, functions, and duties of the Emergency Services Director and the Emergency Organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City and by the City ofSan Luis Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures,timelines ormethods of actionand the Emergency Services Director is expressly authorized to take any and all actions in furtherance of emergency powers to address the localemergency. SECTION 4.The City Council hereby affirms the City of San Luis Obispo Emergency Services Director’s Proclamation No. 2, issued March 18, 2020(Attached hereto as Ex. A),related to the closure of alcohol establishments and limitations on dine-in service for restaurants and other food and beverage establishments, but declares that Proclamation No. 2 shall be supersededto the R ______ ResolutionNo.______(2020Series)Page 3 extent it is subsumed by or is in conflict with the County of San Luis ObispoLocal Emergency Order and Regulation No.4 COVID 19establishingmandatory shelter and home regulations, as currently enacted or as subsequently amended by the County Emergency Services Director or Board of Supervisors;provided, however, that in the event of termination of any County Order, City ESD Proclamation No.2shall remain in full force and effect within the City of San Luis Obispo until expressly terminated by theCity of San Luis Obispo Emergency Services Director or the City Council. SECTION 5.San Luis Obispo County Emergency Services Director Orders 3and 4, establishing regulations for thesuspension of commencementof evictionsand mandatory shelter at home regulations, respectively,as currently in effect or as subsequently amended by the County Emergency Services Director or County Board of Supervisors,are hereby expressly acknowledged and declared to be enforceable within the City of San Luis Obispo as ifdirectly enacted by the City Council pursuant to San Luis ObispoMunicipal Code Chapter 2.24and shall be enforceable under Municipal Code 2.24.100. SECTION 6.The proclamation of local emergency shall be deemed to continue to exist until it is terminated by the City Council of the City of San Luis Obispo pursuant to a resolution adopted by the City Council of the City San Luis Obispo. SECTION 7.A copyof this Resolutionshall be posted on all outside public access doors of City Hallof the Cityof San Luis Obispo and in one public place within any area of the City within which this Resolutionapplies and personnel of the Cityof San Luis Obispo shall endeavor to make copies of this order and regulation available to the news media. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing Resolutionwas approvedthis _____ day of _____________________ 2020. ____________________________________ Heidi Harmon,Mayor ATTEST: ____________________________________ Teresa Purrington City Clerk R ______ ResolutionNo.______(2020Series)Page 4 APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________,2020. ____________________________________ Teresa Purrington City Clerk R ______